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Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......ider the prayer in accordance with law if found tenable in law. Ed. ......y for license to the Bangladesh Bank although sufficient time was allowed for the purpose. As such the respondent bank does not stand on the same footing with the above mentioned two banks. So the question of discrimination as argued by the learned Counsel for respondent No.1 does not arise. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......quot;(a) That they are not made, sanctioned and published in the manner prescribed by the statute which authorizes the making of them. (b) That they are repugnant to the laws of England. (c) That they are repugnant to the statute under which they are made. (d...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………&...... the reasons given by the High Court Division in its judgment. 15. The submissions on behalf of both sides have received our careful scrutiny in the light of the relevant laws. The pertinent question to decide is whether the writ petitioners were public servants within the meaning of the A..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......rs (In C.P. No. 1735 of 2005) Abdus Sattar and others ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh represented by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others ..........Respondents (In both the cases) ......es are directed to file the concise statement within one month. Ed. ......nbsp; Amirul Kabir Chowdhury J- Civil Petition for Leave to Appeal No.1735 of 2005 has been preferred by Md. Kamaluddin and 23 other writ petitioners calling in question the judgment and order dated 31.08.2005 passed by a Division Bench of the High Court Divis..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....ing the land, that defendant also purchased .01 decimal of land from Ranjit Kumar Biswas and thus defendant is the owner and possessor of.10 decimals of land and while defendant was in possession of the said land plaintiff upon making incorrect statements filed the suit, that the sui...... and decree dated October 29, 1987 of the Court of Assistant Judge, Sadar, Natore in Other Class Suit No.72 of 1986 dismissing the same. The suit was filed seeking separate saham of 19 decimals of land upon partition of the land in suit described in the schedule attached to the plaint. 2.......peal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....e basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stating, inter alia, that after execution and registration of deed of gift (hebanama) delivery of possession was handed over to him but at the instance of the defendant Nos.1 and 2, wife and brothe......making the Rule absolute. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik ......er as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....that after death of Zamiruddin the defendants got the land in suit by amicable settlement amongst the heirs and are possessing the land in suit, that plaintiff has no right, title and interest and possession in the land in suit, that the plaintiff has filed the suit making untrue statements and ......, 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was filed seeking declaration to the extent of 4 annas share in the land in suit. The plaintiff in his share claimed .0575 arzutangsha out of .09 decimals of land whic......n the appeal. Accordingly the appeal is dismissed without costs. Ed. ......tated hereinbefore from the defendants' side no evidence was brought on record that Zeon Bibi's son Awlad Hossain died before her. 12. The said fact having not been established there was no question of inheriting Zeon Bibi's property by Abdul Hamid and as such Kamaruddin by purchase from ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ...... for the time being on the assumption that the power of attorney executed in Calcutta on 2.1.88, validated by the Treasury Officer, Chandpur on 10.2.88, and cancelled on 12.1.89 was bad, the moot question in this appeal is, can the plaint be rejected under Order VII rule 11 (a) and (d), CPC? Bec..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ...... and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ...... (From the judgment and order dated 19.11.1989 passed by the High Court Division, Dhaka, in Writ Petition No. 955 of 1989). Judgment: Shahabuddin Ahmed CJ. - In this appeal by special leave a question of considerable public importance is involved. It is whether the result of election of both..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......eferred to above may, therefore, be accepted as uncontested. Be that as it may, we think a consideration of the facts stated in the petition of complaint alone will be sufficient for disposing of the question as to whether any proceeding under section 420 or under any other section of the Penal Co..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......nt of the plaint………..(33) Cases Referred to- AIR 1936 (Madras) (FB) 205 and AIR 1945 (Patna) (FB) 1; AIR 1926 (PC) 9, PLD 1962 (WP) Lahore 137; AIR 1931 (PC) 107; Halsbury's Laws of England, Third Edition, Volume 15 p.171; In AIR 1956(SC) 593(601); LJ in Verschures Creameries Ltd. V. ......peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......t a dead man MA Naser? 4. Are the plaintiffs entitled to get the decree of declaration for their sixteen annas ownership in the suit property and are they the legal heirs of Abu Naser? On the question of maintainability and limitation the learned Subordinate Judge found against the plainti..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......hat defendant No.1 (since deceased and substituted by her heirs), a respectable old Muslim lady, then almost invalid and living in the same mess with her sons, expressed her desire to sell the suit land and structures in her ownership situated at Chittagong through her son and karyakarak, defendan......he appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......y are on good terms and not opposed to each other. Defendant No. 1 was backing out of her promise by laying the blame on her son. The suit was decreed. 10. The High Court Division considered the question as to why Ext. 4 does not contain any signature of defendant No. 1 and was not satisfied wi..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" & "G" to the plaint, confirmation of possession in the land of schedule "Ka" and recovery of Khas possession of the land in sc....... 327 of 1978 allowing the appeal, setting aside the judgment and decree passed by the trial Court as well as the Court of appeal decreeing the plaintiffs suit for declaration of title to the suit land described in schedule "Ka", "Kha" & "G" to the plaint, confi......or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......ment Commission (Respondent No.2) and by the impugned order dated 26.10.98 (Annexure-F) the. Tax Settlement Commission reduced the assessment at Tk.2,25,000/- from Tk.3,12,000/- for transfer of the land in respect of assessment year 1992-93 and enhanced the family expenditure from 36,000/- to 60......ed Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....petitioners from the respective shops, taken lease by the written agreement from the Mutawalli, treating them as trespassers in respect of the property of Mowlana Abdur Rashid Waqf Estate and to over possession of the property to the official Mutawalli of the Waqf Estate. 2. Facts, in short, that......n the Waqf property. The accepted position is that the appellants are the tenants of the Waqf Estate under written agreement. This being the position it cannot be said that the appellants stay on the land of Waqf is that of a trespasser. In the background of the materials on record it cannot be said...... Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......d thus thereby the writ-petitioners as are standing in the way of development of the Waqf property and that "their action tantamounts to disturb/obstruct in the peaceful management of the property in question and, therefore, the Administrator applied to the Deputy Commissioner under Section 64(1) of..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....e sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possession against defendants and others. Due to their inexperience and illiteracy the plaintiffs fa...... against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was ...... appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......ent by virtue of the provisions of section 90 of the Evidence Act, 1872 is rebuttable. The mere fact that the document is thirty years old does not make it immune from attack by the other side on the question of its genuineness...............(15) Lawyers Involved: Shahabuddin Ahmed, Advocate,..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....eeing the same. The suit was filed on September 3, 1976. 2. The suit was filed seeking reliefs (a) title to the "property described in the schedule-A attached to the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property describe......hed to the plaint (the property in question is of Municipal Holding No.62 Bama Charan Chakraborty Road, Dhaka) on the death of his father Krishna Chandra Karmaker, son of Haridas Karmaker to whom the land in suit belonged, that he owned and possessed the land upon mutating his name in the revenue re...... his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... Nos. 1-5's predecessor Jatindra Mohan Roy, who died during pendency of the suit, stating, inter alia, that he inherited the property described in schedule 'A' attached to the plaint (the property in question is of Municipal Holding No.62 Bama Charan Chakraborty Road, Dhaka) on the death of his fath..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....rrived at by he courts below and that the High Court Division did not take into consideration that the plaintiff respondent failed to discharge its initial onus as regards his alleged enjoyment and possession in the suit property inasmuch as the suit property is part of the godown, the Jetty, ya......rayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messers Kaknorak Company which used to......f this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......d as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......…………............Respondent Judgment August 30, 1989. Result: Certain observations made by a Division Bench of the High Court Division is treated as expunged from the judgment in question. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Judicial decorum Pr..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......r section 40. The fact that recourse has been had to the provision of section 39 or 40 does not preclude the bank from resorting again to its rights under section 41 to recover its dues as arrears of land revenue." The aforesaid observation supports the view that any of the Articles can be resort......erit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......urther proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......d 29th January 1990 passed by the High Court Division, Comilla Session, Comilla in Criminal Revision No. 107 of 1988). Judgment Shahabuddin Ahmed CJ. - In this appeal by special leave, the only question raised is whether section 339C of the Code of Criminal Procedure, briefly the "Code", s..Category: Criminal Law | Date: | Hits: 58
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